senate Bill S1910

Signed By Governor
2013-2014 Legislative Session

Authorizes building inspectors and code officers in the town of Kirkwood, in the county of Broome, to reside outside of such town

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jul 12, 2013 signed chap.139
Jul 02, 2013 delivered to governor
May 30, 2013 returned to senate
passed assembly
ordered to third reading cal.409
substituted for a5474
Mar 12, 2013 referred to local governments
delivered to assembly
passed senate
Feb 28, 2013 advanced to third reading
Feb 27, 2013 2nd report cal.
Feb 12, 2013 1st report cal.71
Jan 09, 2013 referred to local government

Votes

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S1910 - Bill Details

See Assembly Version of this Bill:
A5474
Law Section:
Town Law
Laws Affected:
Amd §23, Town L; amd §3, Pub Off L
Versions Introduced in 2011-2012 Legislative Session:
S6542

S1910 - Bill Texts

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Authorizes the town code enforcement officer/building inspector and the code officer in the town of Kirkwood, in the county of Broome, to reside outside of such town, so long as such person resides in the county of Broome or an adjoining county.

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BILL NUMBER:S1910

TITLE OF BILL: An act to amend the town law and the public officers
law, in relation to authorizing the town code enforcement
officer/building inspector and the code officer in the town of
Kirkwood, in the county of Broome, to reside outside of such town

SUMMARY OF SPECIFIC PROVISIONS:

Section 23 of town law is amended by adding new subdivisions 26 and
27. These subdivisions waive the requirements of Town Code
Officer/Building Inspector to be electors of the town for which their
official functions are required to be exercised. Section 3 of the
public officers law is amended by adding subdivisions 60 and 61. These
subdivisions deal with residency qualifications for town officials.
Under these new provisions, the Town Code Officer/Building Inspector
is not required to reside in the town for which their official
functions are required to be exercised, provided that such persons
reside in the county in which the town is located, or an adjacent
county, within the state of New York.

JUSTIFICATION: The benefits of this provision are two-fold. By
extending the realm from which interested persons can apply, the
qualified candidate pool expands. Although someone from an adjacent
town or county may be interested and best-qualified, without this
additional section, this person would be unable to apply. Allowing the
Town Code Officer/Building Inspector to reside out-of-town expands the
possibilities for qualified persons to accept the job without having
to relocate, they may be more likely to apply. In this way the
candidate pool becomes more competitive, and with a wider selection
from which to choose, the best person for the job can be chosen.

PRIOR LEGISLATIVE HISTORY: 2012 - Passed Senate

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1910

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  LIBOUS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the town law and the public officers law, in relation to
  authorizing the town code enforcement officer/building  inspector  and
  the  code officer in the town of Kirkwood, in the county of Broome, to
  reside outside of such town

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  23  of the town law is amended by adding two new
subdivisions 26 and 27 to read as follows:
  26. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PERSON PERFORMING THE
FUNCTIONS OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR  NEED  NOT
BE  AN  ELECTOR  OF SUCH TOWN. PROVIDED, HOWEVER, THE PERSONS PERFORMING
THE FUNCTIONS OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR IN ANY
OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHERWISE  PROVIDED  BY
LAW.
  27. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PERSON PERFORMING THE
FUNCTIONS OF CODE OFFICER NEED NOT BE AN ELECTOR OF SUCH TOWN. PROVIDED,
HOWEVER,  THE  PERSONS  PERFORMING  THE FUNCTIONS OF CODE OFFICER IN ANY
OTHER TOWN SHALL BE ELECTORS OF SUCH TOWN UNLESS OTHERWISE  PROVIDED  BY
LAW.
  S 2. Section 3 of the public officers law is amended by adding two new
subdivisions 60 and 61 to read as follows:
  60.  IN  THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME, THE PROVISIONS
OF THIS SECTION REQUIRING A PERSON TO BE A  RESIDENT  OF  THE  POLITICAL
SUBDIVISION  OR  MUNICIPAL  CORPORATION OF THE STATE FOR WHICH HE OR SHE
SHALL BE CHOSEN OR WITHIN  WHICH  HIS  OR  HER  OFFICIAL  FUNCTIONS  ARE
REQUIRED  TO  BE  EXERCISED, SHALL NOT PREVENT A PERSON FROM HOLDING THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05264-01-3

S. 1910                             2

OFFICE OF TOWN CODE ENFORCEMENT OFFICER/BUILDING INSPECTOR OF  THE  TOWN
OF  KIRKWOOD,  PROVIDED THAT SUCH PERSON RESIDES IN THE COUNTY OF BROOME
OR AN ADJOINING COUNTY WITHIN THE STATE OF NEW YORK. PROVIDED,  HOWEVER,
THE   PERSONS   PERFORMING   THE  FUNCTIONS  OF  TOWN  CODE  ENFORCEMENT
OFFICER/BUILDING INSPECTOR IN ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH
TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
  61. IN THE TOWN OF KIRKWOOD, IN THE COUNTY OF BROOME,  THE  PROVISIONS
OF  THIS  SECTION  REQUIRING  A PERSON TO BE A RESIDENT OF THE POLITICAL
SUBDIVISION OR MUNICIPAL CORPORATION OF THE STATE FOR WHICH  HE  OR  SHE
SHALL  BE  CHOSEN  OR  WITHIN  WHICH  HIS  OR HER OFFICIAL FUNCTIONS ARE
REQUIRED TO BE EXERCISED, SHALL NOT PREVENT A PERSON  FROM  HOLDING  THE
OFFICE  OF  CODE  OFFICER  OF  THE  TOWN OF KIRKWOOD, PROVIDED THAT SUCH
PERSON RESIDES IN THE COUNTY OF BROOME OR AN ADJOINING COUNTY WITHIN THE
STATE OF NEW YORK. PROVIDED, HOWEVER, THE PERSONS PREFORMING  THE  FUNC-
TIONS  OF  CODE  OFFICER  IN  ANY OTHER TOWN SHALL BE A RESIDENT OF SUCH
TOWN, UNLESS OTHERWISE PROVIDED BY LAW.
  S 3. This act shall take effect immediately.

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